APPRISOR Viewer EULA

APPRISOR DOCUMENT VIEWER END USER LICENSE AGREEMENT

These terms apply to APPRISOR Document Viewers for Palm OS(R) and Pocket PC OS.

END USER LICENSE AGREEMENT

This is a legal agreement between you ("Licensee"), as the end user, and Digital Acumen, Inc. The APPRISOR Document Viewer and support documentation ("Software") provided by Digital Acumen, Inc. are licensed by Digital Acumen, Inc. to the end user. Third party materials in the form of content viewable with the APPRISOR Document Viewer (“Documents”) are subject to the terms and conditions of their respective authors or author organizations. Third party content is clearly identified in the title and content of each Document. Please read this license agreement ("Agreement"). Using the Software indicates that you accept these terms.

YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND THAT THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SOFTWARE.

1. LICENSE. Digital Acumen, Inc. grants Licensee a perpetual non-exclusive, non-transferable, worldwide, royalty-free right and license to use the Software on the condition the Licensee abides by the restrictions set forth in this agreement.

2. RESTRICTIONS. Digital Acumen, Inc. retains all right, title, and interest in and to the Software. All rights, titles, and interests in and to the content of any APPRISOR Documents are retained by the Documents’ respective authors or author organizations. Any rights not granted to Licensee in this Agreement are reserved by Digital Acumen,

a) Licensee may not modify, reverse engineer, decompile, disassemble, or otherwise attempt to learn the inner workings, source code, structure, or algorithms underlying the Software except to the extent permitted under applicable law.

b) Licensee may not create derivative works based upon the Software.

c) Licensee may not rent, lease, sublicense, or sell the Software or any portion of the Software.

d) Licensee may not remove or alter any trademark, logo, copyright or any other proprietary notices, legends, symbols or labels on or in the Software.

e) Licensee may not use the Software to develop either directly or indirectly an application competitive to any product developed by Digital Acumen, Inc. or its partners.

f) Licensee may not create a new installer for the Software or otherwise “bundle,” distribute, or transmit, the Software by any means other than transfer from the Licensee’s handheld device to another end-user’s handheld device. “One to Many” distribution of the software or distribution of the software on behalf of a third party is prohibited without express written authorization from Digital Acumen, Inc.

g) Licensee may not place the Software executable on any file server for access by other individuals. New installations of the Software should be downloaded from the Mobile Medica website (www.mobilemedica.com/APPRISOR

h) Licensee may not use the Software in a manner that violates any applicable laws in the jurisdictions in which Licensee uses the Software, including, but not limited to, laws concerning copyright and intellectual property rights.

i) Licensee may not export or re-export the Software if such an action violates applicable laws and restrictions in the jurisdiction in which Licensee intends to perform such an action.

j) Licensee may make copies of the software for backup, but for no other purpose.

3. TERMINATION. This Agreement is effective until terminated. Without prejudice to any other rights, Digital Acumen, Inc. may terminate this Agreement if Licensee fails to comply with any term or condition of this Agreement. Upon termination, Licensee agrees to destroy all copies of the Software in Licensee's possession. Licensee may terminate this Agreement at any time by destroying all copies of the Software in Licensee's possession.

4. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS" WITHOUT FURTHER WARRANTY OF ANY KIND. DIGITAL ACUMEN, INC. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH RESPECT TO THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH LICENSEE. DIGITAL ACUMEN, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE FOREGOING DISCLAIMERS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.

5. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITAL ACUMEN, INC. BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, MEDICAL MALPRACTICE, AND THE LIKE, ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTS EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. SUPPORT SERVICES. Digital Acumen, Inc. shall have no obligation under this Agreement to provide Licensee with any maintenance or technical support services with respect to Licensee's use of the Software or Documents, other than those support resources available through the Mobile Medica website (www.mobilemedica.com/APPRISOR).

7. PROPRIETARY RIGHTS. The Software is protected by United States copyright law and international copyright treaties and provisions, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Digital Acumen, Inc. retains title to and ownership of the Software and the patents, copyrights, trade secrets, trademarks, intellectual property rights, and other proprietary interests therein. Licensee acknowledges that no title to the intellectual property in the Software is transferred from Digital Acumen, Inc. to Licensee. Licensee further acknowledges that title and full ownership rights to the Software will remain the exclusive property of Digital Acumen, Inc., and Licensee will not acquire any rights to the Software except as expressly set forth in this Agreement. All rights, titles, and interests in and to the content of any APPRISOR Documents are retained by the Documents’ respective authors or author organizations.

8. NO WAIVER. The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision. The rights of Digital Acumen, Inc. under this Agreement are in addition to any other rights and remedies provided by law or under this Agreement.

9. PARTIAL INVALIDITY. If any provision in this Agreement shall be found to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, the remainder of this Agreement shall remain valid and enforceable and the parties shall negotiate in good faith, a substitute enforceable provision which most nearly effects the parties' intent in entering into this Agreement.

10. ENTIRE AGREEMENT. This Agreement is the entire agreement between Digital Acumen, Inc. and Licensee relating to the Software and supercedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software.

 

© 2002-2003 Mobile Medica™, Inc. All Rights Reserved.